2/19/14 Legal & Ethical Challenges in Contemporary School Psychology Session Overview Comprehensive Assessment Cases Natalie N. Politikos, Ph.D., NCSP Natasha K. Segool, Ph.D., NCSP Barbara Fischetti, Ed.D. NCSP NASP 2014 Eligibility Cases Tony D. Crespi, Ed.D. D. Tighe Cooke, Ph.D. Other Health Impaired Specific Learning Disability Serious Emotional Disturbance Autism Serious Emotional Disturbance School Climate Case Parent Involvement NASP 2014 Forest Grove School District v. T.A. Case 1: Comprehensive Assessment Forest Grove School District v. T.A. US Supreme Court (2009) US Court of Appeals (9th Circuit, 2008) AK, AZ, CA, ID, HI, MO, NV, OR, WA Facts of the case Evaluation initially conducted was found “legally inadequate” because it failed to address all areas of suspected disability, including ADHD US District Court (, 2005) Hearing Officer (Oregon, 2004) Issue: Is a student who never received special education services eligible to reimbursement of private school costs under IDEA? Problems Identified: Comprehensive Evaluation not completed District failed to meet the child’s needs NASP 2014 NASP 2014 Forest Grove School District v. T.A. Forest Grove School District v. T.A. Problems Identified Does IDEA language prohibit student who was not identified SPED and never received services from being reimbursed for private school tuition? Findings Due Process Hearing Officer Decision: In favor of T.A. District Court Decision: Reversed prior decision and found in favor of School District Court of Appeals, 9th Circuit Decision: Reversed District Court Decision Supreme Court Decision: In favor of T.A. and sent back to District Court District Court Decision….again!: In favor of School District Interpretation of intent of the law….not necessarily the words NASP 2014 NASP 2014 1 2/19/14 Implications Case 2: Comprehensive Assessment ADD for Forest Grove Jarron Draper v. Atlanta Independent School System US Court of Appeals (11th Circuit, 2008) US District Court (Atlanta, 2007) State Administrative Due Process Hearing (2006) Claim: Denial of FAPE due to an inaccurate educational classification Alabama, Georgia, Florida NASP 2014 NASP 2014 Jarron Draper v. Atlanta Independent School System Jarron Draper v. Atlanta Independent School System July 2003: additional testing completed Facts: 1998: evaluation (11 months from consent to IEP) IQ of 63 identified mild intellectual disability (MID) placed in self-contained classroom Aug 2003 – May 2005: 7 IEPs+ mediation 2003: family requests evaluation IQ of 60 identified with significant discrepancies across scales School psychologist recommends additional testing School maintains MID classification despite family objection NASP 2014 Jarron Draper v. Atlanta Independent School System Hearing officer findings in January 2006: 1. Failure to provide FAPE and “basic floor of opportunity required by law” from 2002 – 2005 2002 - 2003: misdiagnosis, stigma, and inappropriate services 2003 - 2005: ineffective interventions despite evidence of lack of response NASP 2014 Placement changed to general education + 10hr of special ed reading tutoring despite lack of progress J.D. failed several general education courses Aug 2005: IEE SLD - Dyslexia identified with comprehensive evaluation NASP 2014 IQ of 82 identified reading/math level of 2nd/3rd grade (in the 10th grade) Jarron Draper v. Atlanta Independent School System District Court (affirmed by US Court of Appeals 11th Circuit): 1. FAPE denied due to insufficient evaluation of learning problem Lacking evaluation of processing speed Lacking evaluation of phonological processing Lacking family data on adaptive behavior Lacking evaluation of receptive / expressive language Evaluation did not consider all possible disabilities, leaving district “unaware of JD’s unique needs” NASP 2014 2 2/19/14 Jarron Draper v. Atlanta Independent School System Implications Assessments must consider all possible disabilities and not focus on one eligibility classification Use of full scale IQ is not a comprehensive assessment of processing ability Consideration of functioning both in school and out of school is necessary 2. FAPE denied: “an IEP must be likely to produce progress, not regression or trivial educational advancement” IEP was not based on up-to-date information IEP was to not individualized to produce gains IEP failed to document progress indicating “no attention whatsoever had been paid to … accomplishing… objectives, in violation of IDEA” IEP goals and services were the same across multiple years: “merely copying IEP from one year to the next when no progress has been made is inappropriate” NASP 2014 Implications IEPs must be revised to address unique needs on an ongoing basis Standard Instructional Interventions are not sufficient and must be individualized to unique needs Based on accurate assessment of current level of performance Lack of progress requires amendment of the IEP Short terms and long term progress must be monitored and documented NASP 2014 Case 3: Comprehensive Assessment Rialto Unified School District v. Student Due Process Hearing (California, 2007) Issue: Whether District’s initial evaluation of the student was appropriate. Evaluation was conducted and school district determined student was not eligible for SPED services. Student disagreed with District’s assessment and requested an independent assessment at public expense. NASP 2014 Rialto Unified School District v. Student Facts of the case Problems identified: NASP 2014 Rialto Unified School District v. Student School Psychologist did not report student’s developmental or educational history School Psychologist failed to administer additional tests in student’s primary language or use alternative tests (Nonverbal IQ) NASP 2014 Problems Identified: WJ-III Achievement was not administered in its entirety Student’s PSI on WISC-IV was 68 but was incorrectly labeled as “Below Average” Student’s perception and processing memory should have been further investigated No formal Speech and Language evaluation BASC-2 insufficient- no parent ratings were obtained; only 1 teacher rating NASP 2014 3 2/19/14 Implications Rialto Unified School District v. Student Problems Identified: No observation conducted School Psychologist did not contact student’s psychiatrist even though release was signed H-T-P was administered but results were not reported Adaptive skills were not assessed sufficiently Psychological report did not include educationally relevant health, developmental, and medical information District did not thoroughly consider child’s ADHD diagnosis ADD for Rialto NASP 2014 Case 4: Eligibility LI v. Maine School Administrative District No. 55 US Court of Appeals (1st Circuit, 2007) US District Court (Maine, 2006) Maine Department of Education Hearing (2006) LI v. Maine School Administrative District No. 55 Facts: History of strong academics Social problems, depression, anxiety 6th grade: academic decline, cutting, & suicide attempt ME, MA, NH, RI, Puerto Rico NASP 2014 Claim: Denial of FAPE due to finding student ineligible for special education services as a child with a disability Teachers reported that she showed: “serious lack of awareness of social and emotional state of peers and adults” “unable to understand or interpret social situations with her peers” NASP 2014 LI v. Maine School Administrative District No. 55 Oct 2003: Pupil Evaluation Team Meeting Tutoring NASP 2014 LI v. Maine School Administrative District No. 55 Feb 2004: Started private school out of school until eval completed, but it never started Mar 2004: MDT Nov 2003: outside neurospychologist eval. IQ + Asperger’s Disorder Limited executive skills, sensory processing, poor pragmatic language recommended social skills training and CBT LI did not qualify for special education services Superior Met Section 504 eligibility close supervision, S&L, social work & gifted program access, 1-1 tutoring Jan 2004: SLP eval significant social understanding deficits direct teaching recommended NASP 2014 NASP 2014 4 2/19/14 LI v. Maine School Administrative District No. 55 Hearing officer: Were rights denied by failure to find LI eligible for special education? LI v. Maine School Administrative District No. 55 “neither IDEA nor the Maine Special Education Regulations require a school district to provide special education services to address what is essentially a mental health issue. Certainly they must accommodate student’s disabilities and MSAD #55 had done this” …with the 504 plan District Court (affirmed by US Court of Appeals 1st Circuit): School District and Magistrate Judge misread the serious emotional disturbance definition: Magistrate Judge: Was hearing officer correct? “Maine regulations define educational performance to include academic areas and “non-academic areas…” Evidence suggests that “both prior to and subsequent to LI’s mental health crisis, her disabilities did not adversely affect her performance” Duration not of “sufficient duration to trigger eligibility for special education services” “a child must possess two independent requirements: (1) that it must exhibit certain characteristics over a long period of time and to a marked degree, and (2) that it must adversely affect educational performance… the regulation does not require that the condition affect educational performance over a long period of time” Evidence suggests that the disability adversely affected her Events from 6th grade can not be isolated from her disability NASP 2014 NASP 2014 LI v. Maine School Administrative District No. 55 US Court of Appeals 1st Circuit: School argued that the district court incorrectly interpreted the “adverse effect” component. LI v. Maine School Administrative District No. 55 US Court of Appeals: Examined the definition of “by reason thereof needs special education and related services” Special education: “specially defined instruction… and involves adapting “the content, methodology, or delivery of instruction” “one-on-one tutoring” adapts methodology and delivery of instruction Appeals court affirmed that the relevant regulations “has no qualifier such as ‘substantial,’ ‘significant’ or ‘marked’” School argued that the district court incorrectly interpreted the “educational performance” component Appeals court affirmed that educational performance includes academic and non-academic areas – “IDEA entitles [] services that target all of [their] special education needs whether they be academic, physical, social, or emotional” 504 accommodations were special education services Social skills and pragmatic language instruction are specially designed instruction Close supervision is an adaption of typical “instruction” Related Services includes “other supportive services,” “speech-language pathology,” social work services…” Social worker access is a related service NASP 2014 NASP 2014 Implications Special education may be needed even if there is not academic impairment Adverse impact on educational performance does not need to be “significant,” “marked,” or “ongoing” 504 plans that include special education services may be challenged Case 5: Eligibility A.J. vs. Board of Education (2010) heard by the US District Court of New York Child with Asperger Syndrome found ineligible for special education because he was making academic progress Claim: Denial of FAPE because parents argued that “educational performance” is more than just academics Education in the regular classroom Education in regular classes with supplementary (related services) Special education and related services (under IDEA) NASP 2014 NASP 2014 5 2/19/14 Implications A.J. vs. Board of Education (2010) Courts have ruled differently on the meaning of educational performance School Psychologists need to consider: IDEA requires: 1 or more of the delineated conditions Adversely affects educational performance By reason thereof need special education and related services District Court found that while NY regulations do not define educational performance, “academic performance [ ] appears to be the principal, if not only, guiding factor. State regulations defining educational performance and adverse effect District court rulings in their state US Court of Appeal rulings in their Circuit NASP 2014 NASP 2014 Case 6: Eligibility RB v. Napa Valley Unified School District Facts US Court of Appeals (9th Circuit, 2007) RB v. Napa Valley Unified School District School provided a 504 plan from 1st grade on Ongoing “disturbing incidents” AK, AZ, CA, ID, HI, MO, NV, OR, WA US District Court (California, 2005) California Special Education Hearing Officer (2003) Claim: Denial of FAPE due to finding student ineligible for special education services under serious emotional disturbance Behavior plan implemented that “largely remedied RB’s misconduct” Parent placed RB in residential treatment and requested reimbursement IEP team found RB ineligible for services Court Review “child must exhibit [one of five SED] characteristics (1) over a long period of time, (2) to a marked degree, (3) that adversely affects the child’s educational performance” NASP 2014 NASP 2014 Implications RB v. Napa Valley Unified School District 1. inability to build or maintain satisfactory interpersonal relationships with peers and teachers This case provides guidance over the SED interpretation of: To a marked degree and over a long period of time must be both 2. Inappropriate behavior or feelings under normal circumstances must be to a marked degree over a long period of time “habitual history” of “isolated incidents” of misconduct - only “to a marked degree” during 1 trimester of 5th grade problems transitioning a new school and while not taking ADHD medication were not “under normal circumstances” Under normal characteristics new behavior plan Inconsistent medication New school 3. A general pervasive mood of unhappiness or depression Marked episodic incidents do not indicate a “long period” Mild depression did not qualify Do not constitute normal circumstances History of depression diagnoses must be to a marked degree over a long period of time school psychologist’s evaluation found “mild” depression NASP 2014 NASP 2014 6 2/19/14 Case 7: School Climate Zeno v. Pine Plans Central School District US Court of Appeals (2nd Circuit, 2011) US District Court (New York, 2010) Zeno v. Pine Plans Central School District CT, NY,VT Facts: 2005 – 2008 Racially homogenous school 3 ½ years of harassment re. race and color Claim: Deliberate Indifference to Harassment Title VI of the Civil Rights Act of 1964 prohibits a recipient of federal funds from discriminating on the basis of race, color, or national origin Verbal harassment and threats Physical altercations Property damage Parent met with principal 30 – 50 times 2 Orders of Protection Lawyer requested (1) shadow & (2) racial sensitivity program NASP 2014 NASP 2014 Zeno v. Pine Plans Central School District School response Zeno v. Pine Plans Central School District 2005-8 Individual discipline of students involved No investigation of harassment 2006 PA announcements about civic values 2 character education assemblies Cause student to undergo harassment or make them vulnerable Inadequate response Court Findings School “knew that disciplining A’s harassers – through suspensions or otherwise- did not deter others” “Dragged its feet before implementing any non-disciplinary remedial action – a delay of a year or more” “little more than half-hearted measures” program until 2007-2008, attendance optional 2007 – 2008 there is “substantial control” severe and discriminatory harassment Actual knowledge Deliberate indifference Mediation with parents (but Zeno not notified) 1-day program on bullying and harassment Hired consultant for diversity awareness no Under Title VI, a school district is liable when NASP 2014 NASP 2014 Implications Schools must offer proactive solutions Case 8: Parent Involvement Doug C. v Hawaii Interventions must be: systematic and address culture Timely US Court of Appeals (9th Circuit, 2013) Investigation of behavior violating Title VI is required by compliance officer NASP 2014 AK, AZ, CA, ID, HI, MO, NV, OR, WA Issue: Parental participation in IEP Meetings Special education coordinator held an IEP meeting without the parent, child, or representative from child’s outplacement. The new IEP changed the child’s placement NASP 2014 7 2/19/14 Doug C. v Hawaii Doug C. v Hawaii Facts of the case Problems Identified: District suggested that services would lapse if the annual review deadline was not met District cited scheduling conflicts between parent and other staff schedules Holding a second IEP meeting does not absolve district from failing to include parent in the first meeting NASP 2014 Guidelines for Supervision-NASP and APA Necessary to look at the mission of the law…not necessarily take it at face value! A school district is to include the parents in an IEP meeting “unless they affirmatively refused to attend. NASP 2014 Implications Findings: NASP Standards for Graduate Preparation of School Psychologists (2010) NASP Standards for the Credentialing of School Psychologists (2010) CDSSP Internship Guidelines (2012 Draft) NASP Model for Comprehensive and Integrated School Psychological Services (2010) NASP Principles for Professional Ethics (2010) APA Ethical Principles of Psychologists and Code of Conduct (2002) Supervision in School Psychology (Position Statement)(2011) NASP 2014 NASP Standards for Graduate Preparation of School Psychologists (2010) The school psychology program requires supervised practica and internship experiences. The school psychology program requires that each intern receive appropriate and regularly scheduled field-based supervision, including the following: provision of field supervision from a school psychologist holding the appropriate state school psychologist credential, an average of at least two hours of field based supervision per weekv, preponderance of field-based supervision on at least a weekly, individual, face-toface basis… Extensive, intensive, and individualized faculty advisement, supervision, and mentoring of candidates during all components of coursework…. NASP Standards for the Credentialing of School Psychologists (2010) Close supervision by program faculty and qualified practicum supervisors. Applicants for a school psychology credential will have completed a comprehensive, supervised, and carefully evaluated internship meeting the requirements of the NASP Standards. Adequate professional support should be provided to all credentialed school psychologists. School systems should ensure that all personnel have levels and types of supervision and/or mentoring adequate to ensure the provision of effective and accountable services… Credentialed school psychologists in their first year of postgraduate year of employment should participate in districtprovided supervision or mentoring…Recommended for a minimum average of 1 hour per week…Supervision methods should match the developmental level of the school psychologist. 8 2/19/14 CDSSP Internship Guidelines (2012 Draft) The full-time internship includes at least two hours per week of regularly scheduled individual supervision… In addition to the individual supervision, the intern spends at least two additional hours per week in scheduled group or individual supervision…. The intern has regularly scheduled, supervised, and documented training activities with other doctoral psychology interns… Internship supervision may be provided through synchronous audio and video format where the supervisor is not in the same physical facility…Supervision through electronic means may not account for more than one hour of the minimum required two weekly hours of individual supervision and two hours of the minimum required four total weekly hours of supervision… Model for Comprehensive and Integrated School Psychological Services-2010 cont. Supervisors ensure that practica and internship experiences occur under conditions of appropriate supervision… Supervisors provide professional leadership through participation in school psychology professional organizations and active involvement in local, state, and federal public policy development. Individual school psychologists and school systems develop professional development plans annually. The school system provides support to ensure that school psychologists have sufficient access to continuing professional development at a level necessary to remain current… The school system provides supervision of school psychologists by an appropriately credentialed and experienced school psychologist. School psychologists seek and use appropriate types and levels of supervision… Model for Comprehensive and Integrated School Psychological Services-2010 School psychologists use supervision and mentoring for effective practice. School psychologists engage in lifelong learning and formulate personal plans for ongoing professional development. School psychologists participate in continuing education activities at a level consistent with maintenance of the NCSP credential. The school system ensures that all personnel have levels and types of supervision and/or mentoring adequate to ensure the provision of effective and accountable services. Supervision and mentoring are provided through an ongoing, positive, systematic, collaborative process between the school psychologist and a school psychology supervisor. Supervision methods should match the developmental level of the school psychologist. School systems allow time to participate in supervision and mentoring. NASP Principles for Professional Ethics (2010) Standard II.1.1 School psychologists recognize the strengths and limitations of their training and experience, engaging only in practices for which they are qualified. They enlist the assistance of other specialists in supervisory roles…… Standard II.1.4 School psychologists engage in continuing professional development…They also understand that professional skill development beyond that of the novice practitioner requires well-planned continuing professional development and professional supervision. Standard IV.4.2 School psychologists who supervise practicum students and interns are responsible for all professional practices of the supervisees. They ensure that practicum students and interns are adequately supervised…. Supervision in School Psychology (Position Statement)-(2011) APA Ethical Principles of Psychologists and Code of Conduct (2002) NASP recommends: Assigning one or more credentialed, experienced school psychologists responsibility for administrative and professional supervision of all staff school psychologists and interns; Providing, as needed, opportunities for experienced school psychologists to gain initial and ongoing training in professional supervision; Ensuring that all school psychologists have access to and support for receiving professional supervision and mentoring as appropriate to their levels of training and experience; Providing multiple avenues and methods for obtaining supervision; and Ensure the periodic evaluation of supervisors and the program of supervision. 2.01 Boundaries of Competence (a) Psychologists provide services, teach and conduct research with populations and in areas only within the boundaries of their competence, based on their education, training, supervised experience, consultation, study or professional experience… psychologists have or obtain the training, experience, consultation or supervision necessary to ensure the competence of their services, or they make appropriate referrals. 2.03 Maintaining Competence Psychologists undertake ongoing efforts to develop and maintain their competence. 9 2/19/14 Ethical Issues in Supervision Research demonstrates that effective supervisors have… What skills, abilities, and practices are necessary to provide effective supervision? What training and experiences do practicing school psychologists have that makes them effective supervisors? Is there a difference between supervision and evaluation? According to supervisees, ineffective supervisors demonstrate.. Lack of interest in their supervisees Lack of availability Inflexibility and lack of openness to new ideas and new training Limited clinical knowledge and expertise Unreliability Unhelpful and inconsistent feedback Are punitive or overly critical Lack empathy Lack of structure to the supervisory process Lack of focus on ethical behavior or acting unethically. (Martino, 2001) As a New School Psychologist In the beginning--weekly or bi-weekly supervision. Other supervision opportunities— monthly meetings for new school psychologists monthly department meetings to meet with other school psychologists in your district. Competent professional skills and models ethical and professional behavior. Commitment to the supervisee’s professional development Are emotionally invested in the relationship A collaborative relationship and are trusting Are empathetic and respectful Create a safe environment A desire to train and an investment in supervision An understanding of diversity issues with their supervisee and with the supervisee and clients Supervision Throughout Your Career Supervision does not (and should not) end once you get your first job as a school psychologist. While you may need less and less supervision as you progress in your career, there is always a need for this type of support in our field. As a New School Psychologist Learn from others too Build relationships with your supervisor as well as other school psychologists in your district. 10 2/19/14 As a New School Psychologist Professional development opportunities offered in your school district Supervision often becomes less frequent and more focused. Professional development in areas that you need further training Monthly meetings-- but you should feel free to contact your supervisor as needed. Join regional, state, and national school psychology associations Monthly department meetings As You Move On in Your Career… As You Move On in Your Career… Focus in on a specific case or a specific skill that you are working on. As You Move On in Your Career… Systems issues, such as building-based or district-wide issues. Theoretical discussions Supervision for Senior School Psychologists Supervision for Senior School Psychologists Seasoned school psychologists need supervision. Our work is challenging on many levels-- personally, professionally, and ethically--and that does not change over time. Professional development opportunities Develop a professional network of colleagues with school psychologists in other towns Begin to develop your own area(s) of expertise Stay active in regional, state, and national school psychology associations Continue to participate in professional development opportunities Share your own area(s) of expertise with others through professional development in your district Stay active and take on a leadership role in local, state, and national school psychology associations Give back! 11 2/19/14 Mentoring New School Psychologists Senior school psychologists can serve as mentors for beginning school psychologists Help mentees— Westport School District: A Model for Supervision throughout Your Career examine career options, educational development options, professional and personal goals, licensure and certification options, involvement in professional associations. Westport School District Middle Career School Psychologists Monthly small group supervision Monthly department meetings with K-12 school psychologists, counselors (grades 6-8), elementary school social worker Bi-monthly department meetings with K -12 school psychologists Opportunities to participate in as well as provide professional development to school psychologists in the district and mentor others Ethical Situations QUESTIONS Senior School Psychologists In Connecticut, supervisors of school psychologists meet together for peer supervision Discuss current professional and legal issues as well as specific issues in our districts It never ends… Bi-weekly individual supervision Monthly new staff meetings Monthly department meetings with K-12 school psychologists, counselors (grades 6-8), elementary school social worker Bi-monthly department meetings with K -12 school psychologists Professional development provided throughout the year Westport School District Bi-weekly small group supervision Monthly department meetings with K-12 school psychologists, counselors (grades 6-8), elementary school social worker Bi-monthly department meetings with K -12 school psychologists Professional development provided throughout the year Supervisors Need Supervision New School Psychologists: You are asked to supervise an intern and have no training nor experience with supervision. Your supervisor directs you to follow a standard battery of assessment tools for evaluation. Your supervisor misses multiple sessions and at times appears distracted when you are there. You are not getting the experiences you had hoped for at your internship site. You are not offered supervision at your first work site. 12 2/19/14 References Barnett, J.E., Cornish, J.A., Goodyear, R.K., & Lichtenberg, J.W. (2007). Commentaries on the ethical and effective practice of clinical supervision. Professional psychology: Research and practice, 38, 268-272. Martino, C. (2001, August). Secrets of successful supervision: Graduate students’ preferences and experiences with effective and ineffective supervision. In J.E. Barnett (Chair), Secrets of successful supervision— Clinical and ethical issues. Symposium conducted at the 109th Annual Convention of the American Psychological Association, San Francisco, CA. Contact Us Natalie N. Politikos, Ph.D., NCSP Politikos@hartford.edu Natasha K. Segool, Ph.D., NCSP segool@hartford.edu Barbara Fischetti, Ed.D., A.B.P.P. barbarafischetti@sbcglobal.net NASP 2014 13